If you get into a car accident in Sunnyvale, CA, the consequences can be severe. For those who get hurt in an auto crash caused by another driver, hold the at-fault motorist accountable. To do so, hire a California personal injury lawyer.
Suits Litigation Inc. represents auto accident victims. Our Sunnyvale car accident lawyer makes the personal injury litigation process simple. To learn more, get in touch with us.
Why Car Accidents Happen in Sunnyvale
In 2021, 4,285 traffic fatalities were reported in California, according to the state’s Office of Traffic Safety (OTS). Auto crashes happen every day across the state. They occur for many reasons, such as:
Distracted Driving
Distracted driving refers to any activity that takes a motorist’s attention away from safe travel, the U.S. Department of Transportation (DOT) points out. Examples of distracted driving activities include:
- Talking to people while driving
- Eating and drinking while driving
- Fiddling with a GPS system while driving
It only takes a second for a driver to take their eyes off the road due to a distraction. If a distracted motorist causes an accident, they can be held accountable for any damages that occur.
Driving Under the Influence (DUI)
If a motorist is driving under the influence, they are operating a vehicle while they have alcohol in their system. A blood alcohol concentration (BAC) measurement is used to determine if a motorist has consumed alcohol and, if so, how much. It is illegal to drive a car in California if you have a BAC of:
- 0.08% or higher for those over 21 years old.
- 0.01% or higher for those under 21 years old.
- 0.01% or higher at any age for those who are on DUI probation.
- 0.04% or higher for those who drive a vehicle that requires a commercial driver’s license (CDL).
- 0.04% or higher if someone is driving a passenger for hire.
Even a small amount of alcohol can affect a driver’s ability to concentrate. If a motorist is found to be driving under the influence, they can face civil and criminal penalties.
Speeding
Speeding has been linked to approximately one-third of all motor vehicle fatalities in the United States for more than two decades, research indicates. When a driver travels faster than the posted speed limit, it becomes increasingly difficult for them to stop their vehicle quickly enough to prevent a crash.
Do not expect auto crashes to stop altogether. Fortunately, those who know how to respond to car collisions can protect themselves and anyone else involved in these incidents.
What to Do If You Get into a Car Accident
A vehicle collision in Sunnyvale can be a traumatic experience. It is easy to get caught up in the moment and lose sight of what is most important: protecting yourself and anyone else involved in the incident. Here are things you should do to get through your crash:
- Stop your vehicle and move it off the street or highway if no one has been injured or killed.
- Call 911 to get medical help and report the incident to the police.
- Get the full name of the driver involved in your crash, along with their driver’s license number and auto insurance information.
- Request the contact information of anyone who saw your accident.
- Use your smartphone to take photos and videos of damage to your vehicle and injuries.
- Go to an emergency room or hospital for medical care.
- Notify your insurance company about the accident.
- Call a car accident lawyer.
In California, every motorist is required to meet the state’s minimum insurance requirements. They must have at least $15,000 in coverage for a single death or injury, $30,000 for a death or injury to more than one individual, and $5,000 in financial protection for property damage that occurs in an accident. All drivers must carry proof of insurance with them at all times. They must be able to share this proof if they are involved in a collision, renew their vehicle’s registration, or are asked to do so by law enforcement.
If an at-fault driver does not have insurance coverage, you may still be protected. For instance, you may have uninsured motorist protection on your policy. Depending on how much money this protection offers, you may be fully covered for any costs associated with your accident.
Regardless of whether a driver has insurance, they can be held responsible when they cause a crash. Car accident lawyers can help you determine who is at fault in your collision. They review each case that comes their way and find out who was negligent. If a car accident attorney believes the other driver is accountable for your collision, they can help you submit a claim against them.
When to Request Compensation After a Sunnyvale Car Accident
Car accident attorneys can make sure that you submit your lawsuit in alignment with California’s personal injury statute of limitations. Per this statute, you have up to two years from the date of your auto collision to sue an at-fault party. If you do not discover your injury right away, this window begins one year from the date you find out about it. For those who choose not to file a claim in accordance with state laws, you are 100% responsible for all of your accident-related expenses.
In the days after your auto crash, tell your insurance company about your collision. Do not accept responsibility for the incident. Instead, provide details about what happened, along with the information about the other driver and their insurer. This will open a claim in which you may be able to get compensation for your accident.
Keep in mind that an insurance company has its best interests — and not yours — top of mind. Even though you expect an insurer to take care of you after an accident, there is no guarantee that it will do so. In one of the worst-case scenarios, an insurer may try to blame you for a crash so it does not have to pay you anything.
Sunnyvale car accident lawyers can answer questions about whether an at-fault driver’s insurance will pay your medical bills and other similar legal issues. If you are struggling to get compensation from an insurer, your attorney can help you out. At this point, your lawyer may encourage you to seek damages as part of a personal injury lawsuit.
Auto accident lawyers understand the ins and outs of car insurance claims. At Suits Litigation Inc., we protect our clients and their best interests. We can help you navigate the ins and outs of a car crash claim and figure out if now is the right time to file a personal injury lawsuit. For more information, reach out to us.
How to Prove Fault in an Auto Accident Lawsuit
An auto accident lawyer can teach you about the elements of negligence and how they relate to your case. Ultimately, four components must be present when your collision occurred to show that someone else was at fault. These are:
1. Duty of Care
A duty of care is a legal obligation to avoid careless acts towards others. For example, a driver may break the speed limit and cause an accident. In this situation, the motorist violated their duty of care since it is reasonable to expect them to follow the rules of the road.
2. Breach of Duty of Care
When a duty of care is broken, a person or business commits a careless act against someone in spite of the potential consequences. If a motorist drives their car faster than the posted speed limit and cause a crash, they breach their duty of care toward other motorists and pedestrians.
3. Causation
If you get hurt in an auto collision caused by someone else, you suffer an injury. Meanwhile, this injury would not have happened unless you got into your crash. Thus, the at-fault party caused your injury due to the breach of their duty of care toward you.
4. Damages
Damages refer to the losses you incur. In an auto crash, you may suffer economic and non-economic losses as a result of another party’s breach of their duty of care. If a court rules in your favor, they may award compensation for your medical bills, vehicle damage, pain, suffering, and other losses. In some instances, a court may provide exemplary damages in combination with economic and non-economic compensation. Exemplary damages are given out to deter an at-fault party from future acts of negligence.
An auto accident attorney can help you calculate your crash damages. They may urge you to seek both economic and non-economic compensation.
There is no cap on the amount of economic and non-economic damages that you can ask for in a personal injury lawsuit. To receive this amount, you must show that the defendant in your lawsuit was negligent. This requires you to gather evidence and witness statements to support your claim. A Sunnyvale car accident attorney can help you with these tasks and many others as you get ready for your trial date.
How a Sunnyvale Auto Crash Case Gets Resolved
Sunnyvale car accident attorneys cannot guarantee the results of your case. You and your lawyer can work together to build a compelling argument. In addition, your attorney can keep you up to date if the defendant in your lawsuit proposes a settlement. At this time, you have the option to approve, reject, or counter the proposal. If no settlement is reached, you present your case to a judge or jury.
Just because you believe your case is strong does not mean that you will get the damages you want. Sunnyvale auto accident lawyers understand the challenges that come with getting compensation after drunk driving collisions and other types of vehicle crashes. Your attorney explains all of the potential outcomes if you go through with a trial. They can also explain why there can be times when you only receive a portion of what you requested in compensation or no damages at all.
California has a comparative negligence statute that can dictate the amount of damages you get. According to this statute, you can be found partly responsible for your auto crash. If this happens, your compensation can be reduced by your percentage of fault.
As an example, your auto accident attorney can help you submit a personal injury lawsuit in which you ask for $10,000. The court heard your case and found you to be 20% responsible for your collision. As such, the court awards you $8,000, or 80% of what you initially requested.
When to Hire a Sunnyvale Auto Accident Lawyer
Do not wait too long to search for auto accident attorneys. The statute of limitations for getting compensation in a car crash lawsuit opens on the day you discover your personal injury. By consulting with a Sunnyvale auto accident attorney, you can go over your legal options and take the first step to secure compensation.
When you are involved in a car collision, it may take weeks or months before the at-fault party gives you compensation. Fortunately, Sunnyvale auto accident attorneys are aware of this and understand that your accident-related expenses will not go away on their own. Your lawyer advocates for you and puts you in a position to get a settlement that lines up with your expectations. They also make sure that you can avoid accepting a “lowball” proposal.
In the days following your crash, an insurance company or the at-fault party may reach out to you and offer a settlement. By accepting this proposal, you give up your right to pursue further damages. On top of that, you may get only a portion of the amount of money you need to cover all of your crash-related costs.
Your attorney represents you throughout your litigation. By choosing a lawyer who has received many positive client reviews, you can boost your chances of getting the compensation you want. This lawyer has a track record of success in personal injury claims. They will commit the time, energy, and resources required to help you submit your claim immediately and receive damages as quickly as possible.
Partner with a Sunnyvale Auto Crash Lawyer
Suits Litigation Inc. proudly serves auto crash victims in Sunnyvale and other California communities. We can take a look at your car collision case. To schedule a free consultation, contact us today.